O’Brien almost makes a deal

Fri, 03/18/2016 - 1:45pm

The criminal case against Heather O’Brien was almost resolved on St. Patrick’s Day.

The former Boothbay Harbor woman and Boothbay Region High School alumna was indicted in January for allegedly stealing funds from the school’s Boosters Club. The Boosters Club is a volunteer parent organization that supports student activities through concession and merchandise sales. O’Brien was president of the Boosters Club at the time of her arrest on August 13 in Boothbay Harbor and now faces felony theft and forgery charges.

In a Lincoln County Superior Court appearance on Dec. 28, O’Brien said she had not yet obtained legal counsel and asked the court to appoint an attorney for her. On March 17, O’Brien was back before Justice Daniel Billings without legal counsel. Assistant District Attorney Matthew Kanwit told Billings that O’Brien had agreed that morning to plead guilty to both felony charges (theft and forgery) on a deferred disposition.

The deferred disposition would have required O’Brien to pay restitution, complete a mental health evaluation and counseling, perform community service work and write a letter of apology. Under the plea agreement, if O’Brien completed these actions, her final disposition would be reduced to conviction on misdemeanor charges of theft and forgery, with fines of $1,000 on each, Kanwit said.

Justice Billings asked O’Brien if she was interested in accepting the state’s offer. “Yes, your honor,” O’Brien said.

Since the disposition document had not yet been drafted and O’Brien had no legal counsel, Billings suggested O’Brien consult with the court’s attorney of the day and return later that day for final disposition.

But something changed after O’Brien left the courtroom and she ultimately chose not to accept a deferred disposition. She is now scheduled to appear in court again on May 23.

On March 18, Kanwit said since O’Brien did not have legal representation, “it would have been premature to do that (sign a deferred disposition) yesterday. It makes sense to be cautious.” Kanwit said he could not talk about the specifics of the case but he hopes that it can be resolved by O’Brien’s next court appearance.